NEW YORK — Seventy years ago on Friday, no one outside of the U.S. Supreme Court building heard it when Chief Justice Earl Warren announced the historic
While the court began recording arguments in 1955, virtually no one heard them until 1969, when they were made available through the National Archives for scholarly and legal research. Full public access wasn't granted until 1993. The court began posting arguments on its website in the 2000s, but usually at a delay of several days.
The first step was to find recordings of the long-dead principals in the case, preferably made around 1954 to approximate what they sounded like then. That wasn't difficult in the cases of Warren, a former governor of California, and Marshall. It was harder for integration opponent John W. Davis, whose lengthy career included the 1924 Democratic presidential nomination. He died in 1955.
Actual arguments were sprawling — 18 hours over three days, with 38 participants. Goldman whittled things down to a one hour, 45 minute presentation, including Warren's reading of the decision. Goldman consulted written notes left behind by Warren, enabling the recreation to include the chief justice's emphasis that the decision had been unanimous.
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